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Allegations of Abuse
in Institutions |
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A man who says he was raped and
assaulted by Berhampore Children's Home manager Walter Lake nearly 50 years
ago is seeking $50,000 in compensation from operator Presbyterian Support
Services. Lake was at the centre of a police
investigation after 14 former residents claimed he had abused them while he
managed the home on behalf of the Presbyterian agency between 1959 and when
it closed in 1985. Lake died aged 84 in November
2004, as police were about to charge him with multiple sex offences. Initially, Presbyterian Support
spokesman Trevor Roberts suggested complainants were motivated by money, and
he said it would not deal with former residents who engaged lawyers or talked
to the media. However, in May 2005, the
organisation had a change of heart and employed George Barton, QC, as a
commissioner to inquire into the abuse allegations. One former resident, known only as
B, refused to take part in Dr Barton's inquiry, as he had already started his
own legal action. In the High Court at Wellington
yesterday, B's lawyer, Brook Gibson, claimed he had reached a settlement with
Presbyterian Support's lawyers to pay $50,000 in compensation, conditional on
approval from Presbyterian Support and its insurer. The offer was never
submitted for their approval. Questioned by Justice Denis
Clifford, Mr Gibson said though letters recording the outcome of discussions
were headed "without prejudice", it was appropriate to table them
in court because Presbyterian Support had accepted liability at an early
stage. The only outstanding issue during negotiations was the amount his
client would receive. Mr Gibson said Presbyterian
Support had also attempted to go back on its agreement by trying to force his
client to be part of Dr Barton's inquiry, something he had already rejected. Presbyterian Support lawyer Tim
Castle said there had been no settlement and it was dangerous for Mr Gibson to
use confidential documents to imply there had been. Using such documents
could corrupt the court process. While the court had the power to
enter a judgment against Presbyterian Support, Mr Castle said it could only
do so if there was clear and unequivocal evidence. That did not exist in this
case. Justice Clifford reserved his
decision. Meanwhile, Dr Barton would not comment yesterday on the progress of
his inquiry. |
